Terms & Conditions

1) BEHAVIOUR

So that CodeCamp is a fun and safe experience for everybody, we have rules in place for kids to follow. These will be explained to your child on arrival at CodeCamp. If your child misbehaves, we will discuss the issue with your child and if the problem continues, we will contact you. CodeCamp has a zero tolerance stance on bullying.

2) GENERAL MATTERS

a) You acknowledge and agree that temporary interruptions of training services may occur from time to time. We shall exercise reasonable care to prevent or minimise such interruptions.

b) We may refuse any individual admission to a enrol in a course, that we consider to be a safety or security risk to other course participants or the premises where the course is being held. Additionally, we may request any person in breach of the course regulations to leave the premises where the course is held. Fees paid for course participant not admitted due to these circumstances will be forfeited and you will not be entitled to a refund for any portion thereof.

c) We will not be liable for performance delays or for non-performance, due to causes beyond our reasonable control.

d) You and your child or minor must comply with the general obligations specified by these Terms and Conditions together with any specific obligations described herein, in a timely manner. You acknowledge that our ability to deliver the CodeCamp Courses is dependent upon your full and timely cooperation, the cooperation of your child or minor, as well as the accuracy and completeness of any information you provide to us.

3) DEFINITIONS

a) “CodeCamp Courses” means training courses, services and Course Materials delivered by CodeCamp Pty Limited (“CodeCamp”). Courses may be in various formats including, but not limited to, classroom scheduled seats (such as scheduled instructor led training at an a nominated facility and remotely assisted instructional learning); onsite dedicated training; lecture only training and online lecture only training.

b) “T&C’s” means this document entitled “CodeCamp Courses and Online Content Terms and Conditions”.

c) “Course Materials” means courses, documentation (for example, questionnaires and process guidelines), educational materials and other written information (in any form including electronic) and any other materials.

4) GENERAL CONDITIONS OF USE – YOU AND YOUR CHILDS OBLIGATIONS AND RESTRICTIONS

a) You must ensure that your own behaviour and that of your child or minor is not offensive to other CodeCamp students, as deemed by CodeCamp management.

b) You and your child or minor must use and/or occupy CodeCamp equipment solely as agreed with CodeCamp management and for no other purpose.

c) You and your child or minor may enter CodeCamp premises only during the CodeCamp’s operating hours or as otherwise agreed by the CodeCamp management.

d) You must ensure that your child or minor will conduct themselves whilst on CodeCamp premises in a responsible, proper and orderly manner and will not permit or suffer to be done in or about the premises any act, matter or thing which may injure or tend to injure the CodeCamp, the premises or any other student.

e) Emergency procedures are displayed in all on site facilities.

f) Personal Injury – CodeCamp accepts no responsibility for any injury incurred at the CodeCamp by your child or minor nor any subsequent cost related to that injury.

g) CodeCamp takes no responsibility for the loss or damage to your child or minor’s personal property, including money or other valuable items.

h) Your child or minor must not undertake any illegal activity on site.

i) You or your child or minor must not permit any of the equipment supplied by CodeCamp to be removed from the facility or damaged/destroyed.

j) You or your child or minor must not record images of persons unaffiliated to you, unless it is with their prior consent and in the case of minors the prior consent must be from their legal guardians.

k) You and your child or minor must leave the facility and/or the equipment in a tidy, safe and proper condition to the reasonable satisfaction of CodeCamp.

l) At CodeCamp’s reasonable demand you must pay for any damage to the facility and/or equipment or other items supplied by CodeCamp, which at any time may be found to be missing, damaged or damaged beyond repair or destroyed as a result of you or your child or minor action or inaction.

5) ORDERS AND ACCEPTANCE

a) We will provide a reservation notice as soon as possible after receipt of your order and will provide a confirmation notice after receipt of a valid method of payment.

b) The parties hereby agree that they may do business electronically, including contract formation, order placement and acceptance. Any orders placed by you and accepted by us will create fully enforceable obligations that will be subject to these T&Cs. Such orders and acceptances will be deemed for all purposes to be: 1)business records originated and maintained in documentary form; 2) a “writing” or “in writing”; 3)”signed”; and 4) an “original” when printed from electronic files or records established and maintained in the normal course of business.

c) Acceptance by us of your offer to acquire or attend at a CodeCamp Course and/or Online Content will occur upon our performance of such services.

d) If you are required to pay a fee for all or any part of the CodeCamp Courses and Online Content for which you have chosen to register, you hereby authorize us to charge your credit card in advance for all applicable fees incurred by you in connection with your chosen CodeCamp Courses and Online Content. You acknowledge that it is your responsibility to notify us of any changes to your credit card or if your credit card has expired otherwise your access to the CodeCamp Courses and Online Content may be terminated. If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your registration. We will automatically charge your credit card for the payments described in an order and any other material provided by us, unless your registration is terminated under this Agreement.

e) By entering into any transaction, you warrant and represent that all information you provide is true and correct (including, without limitation your credit card/bank account number, card expiration date and address), that any transactions are authorised, and that you are the legal holder of any credit card or payment account used to enter into any transaction. By providing a method of payment pursuant to a transaction, you confirm that you are permitted to use that method of payment. You also authorize us to collect and store it, along with other information related to your transaction. You authorize us (and our designated payment processor) to charge the full amount to the payment source you designate for the transaction. If your payment results in an overdraft or other fee from your bank, you alone are responsible for that fee. You are responsible for and agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted.

f) In the event (a) your method of payment is not valid, (b) we determine, in our sole discretion that a transaction is unauthorized, (c) your method of payment cannot be processed at the time of any charge, or (d) any charge is disputed for any reason other than the undisputed failure by us to deliver the products purchased by you, we reserve the right to immediately terminate any pending transactions, suspend your access to the website, thereby terminating all of our obligations to you under this Agreement, and, in addition, to charge you an administrative processing fee equal to $20 AUD, per instance, which charge you hereby authorize by entering into any transaction through the Website. Notwithstanding the foregoing, you agree that any formal payment disputes lodged with any bank, credit or payment card company shall be invalid unless you notify us within 60 days from date of the applicable transaction that you wish to dispute any charge relating thereto, and that you have made reasonable, good faith efforts to resolve such dispute with us directly, and such efforts have failed.

6) WARRANTY

a) We warrant that all CodeCamp Courses and Online Content will be provided in accordance with generally recognised commercial practices and standards.

b) We make no other warranty or representation as to the suitability or quality of the CodeCamp Courses and Online Content. We expressly disclaim all liability for anything done or omitted in reliance upon the CodeCamp Courses and Online Content or Course Materials. You shall have sole responsibility for fulfilling any requirements or accomplishing any objectives for which You purchased any CodeCamp Courses and Online Content.

THE WARRANTY CONTAINED IN THIS SECTION IS IN LIEU OF AND WE EXPRESSLY DISCLAIM, AND YOU HEREBY EXPRESSLY WAIVE, ALL OTHER EXPRESS WARRANTIES OR CONDITIONS, AND ALL OTHER WARRANTIES, CONDITIONS, AND OBLIGATIONS IMPLIED IN LAW, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES THAT MAY ARISE IN CONNECTION WITH THIS AGREEMENT.

IN USING THE CODECAMP COURSES AND ONLINE CONTENT, YOU SPECIFICALLY AGREE THAT YOU WILL NOT HOLD US OR OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, ADVISORS, AGENTS LICENSEES OR SUPPLIERS LIABLE FOR ANY DAMAGES OR INJURY OR LOSS, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR LOST PROFITS, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE OR ANY ASPECT OF THE CODECAMP COURSES AND ONLINE CONTENT OR OTHERWISE RELATING TO OR ARISING OUT OF THE CODECAMP COURSES AND ONLINE CONTENT OR CONTENT, WHETHER IN AN ACTION FOR BREACH OF CONTRACT, NEGLIGENCE, PERSONAL INJURY OR OTHERWISE. WE SHALL NOT BE LIABLE EVEN IF WE , OR AN AUTHORIZED REPRESENTATIVE, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE PRODUCTS OR SERVICES, OR THESE TERMS OF USE, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US IN CONNECTION WITH YOUR USE OF THE CODECAMP COURSES AND ONLINE CONTENT IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.

IN NO EVENT SHALL WE AND/OR OUR SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA OR PROFITS (HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF CODECAMP OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, ARISING OUT OF OR IN CONNECTION WITH

i) THE USE OR INABILITY TO USE THE CODECAMP COURSES AND ONLINE CONTENT,

ii) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES,

iii) FOR ANY INFORMATION, PRODUCTS, SERVICES AND RELATED ADVICES OBTAINED THROUGH THE CODECAMP COURSES AND ONLINE CONTENT OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE,

iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE CODECAMP COURSES AND ONLINE CONTENT COURSE MATERIALS , OR

v) ANY OTHER MATTER RELATING TO THE SERVICE.

c) You agree to indemnify, defend and hold harmless CodeCamp and its affiliates, and each of their officers, directors, employees, consultants, advisors, agents and representatives from any and all claims, liability, damages, and costs (including, but not limited to, attorneys’ fees, costs and expenses) that result from, arise out of or are in any way connected with your or that of your child or minors use of the CodeCamp Courses and Online Content, your breach of these T&C’s, or your infringement of any CodeCamp IP or other right of CodeCamp or any third party. These T&C’s will inure to the benefit of the parties and their successors, assigns, licensors and licensees.

7) CANCELLATION

a) Unless otherwise specified or agreed in writing by us, all courses shall commence on the date specified by us in the order confirmation. We reserve the right to change or cancel training events up to 3 business days prior to the class start date.

b) We will use reasonable efforts to give notice of any cancellation of any course. If the course cannot be rescheduled, You may be entitled to a refund of any fee paid in respect of the cancelled services but shall not otherwise be entitled to any compensation, costs, losses or damages arising from such cancellation.

c) Cancellations or rescheduling of courses must be made within the specified number of business days prior to the start date of the class or the full tuition will be charged. Such days will be specified in our order confirmation letter or cancellation policy.

8) PAYMENTS

a) We reserve the right to change course prices at any time. In the event of such change, confirmed registrations will be honoured at the original price. Registrations confirmed by a purchase order within 10 days of a price increase will also be honoured at the original price.

b) Prices do not include sales, use, service, value added or like taxes or customs duties (or GST). Such taxes and duties, when applicable, will be added to our invoices.

9) INTELLECTUAL PROPERTY

a) All Course Materials provided for use throughout the course are the copyrighted works of CodeCamp or the original content provider. Unless otherwise set forth, the Course Materials are provided for the sole use of the person attending classes and may not be used by any other person and may not be reproduced, distributed or modified without the written permission of CodeCamp. CodeCamp may present you with the Course Materials and other information, content and features, including but not limited to, charts and graphs, articles, statistics, data, product information, video and audio files and various procedural tools. The CodeCamp Courses and Online Content and Course Materials may also include third party materials and information made available to you by virtue of a license, grant or some other form of agreement. We are not responsible for inaccurate information provided through the CodeCamp Courses and Online Content, and we make no representation as to the quality, accuracy or completeness of the Course Materials and do not assume any liability for any loss that may result from the reliance by any person upon any Course Material provided on or through the CodeCamp Courses and Online Content.

b) We make no warranty, express or implied, as to the suitability, accuracy or reliability of any Course Material provided or accessible through the CodeCamp Courses and Online Content.

c) Except as otherwise set forth herein all Course Materials are owned by us and are protected by worldwide copyright laws and treaty provisions, unless otherwise indicated. You may make and use printouts of the Course Materials for your personal, non-commercial use only, provided that the printouts retain all copyright, trademark and other proprietary notices.

d) Except when included in any authorised printouts of the Course Materials, you are not authorised to make any use of any names, logos or taglines, including without limitation “CodeCamp” whether or not designated by such symbols in any fashion without the express prior written permission of CodeCamp. Nothing herein grants you any right, title or interest in any trade name, trademark, service mark, tagline or logo, technology or designs (whether or not the subject of a patent application) (together, “CodeCamp IP”). At no time during or after the term of this Agreement shall you , either directly or through any third party or agent, (i) challenge or assist others to challenge the CodeCamp IP or the registration thereof; (ii) attempt to register any designs, trademarks, marks, trade names, or trade dress confusingly similar to the CodeCamp IP; or (iii) incorporate any CodeCamp IP into any third party designs, trademarks, product names, service marks, company names, domain names, or any other similar designations, without the prior written consent of CodeCamp.

10) REMEDIES AND LIABILITIES

a) CodeCamp’s total aggregate liability to You for any reason and upon all claims and causes of action hereunder will be limited to the amount of fees paid by You for the CodeCamp Courses and Online Content giving rise to the claim or cause of action. This limitation applies to all causes of action or claims including without limitation breach of contract, breach of warranty, negligence, strict liability or other torts. In no event will CodeCamp be liable for any consequential, special, indirect, incidental or punitive damages, including without limitation loss of data, loss of profits or loss of savings or revenue, even if it has been advised of the possibility of such damages.

b) In no event will any cause of action be brought against CodeCamp more than one year after the cause of action has accrued.

c) The remedies in these T&Cs are your sole and exclusive remedies.

d) The parties understand and agree that, to the extent permitted by applicable law, the foregoing exclusions and limitations of liability represent the parties’ agreement as to allocation of risk between them in connection with their respective obligations hereunder. The fees payable to us reflect, and are set in reliance upon, this allocation of risk and the exclusions and limitations of liability set forth in these terms and conditions.

e) Disputes arising in connection with these T&Cs will be governed by the laws of New South Wales, Australia.

f) If any term or provision herein is determined to be illegal or unenforceable, the validity or enforceability of the remainder of the terms or provisions herein will remain in full force and effect.

g) Neither party’s failure to exercise any of its rights under these T&Cs will constitute or be deemed a waiver or forfeiture of those rights.

h) These T&Cs and, any applicable amendment, constitute the entire agreement between us and supersede any previous communications, representations or agreements between the parties, whether oral or written, regarding transactions hereunder. Your purchase will constitute your acceptance of these T&Cs which T&Cs may not be changed except by an amendment signed by an authorized representative of each party.